82_FR_47662 82 FR 47466 - Silicon Metal From Brazil: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures

82 FR 47466 - Silicon Metal From Brazil: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 196 (October 12, 2017)

Page Range47466-47469
FR Document2017-22066

The Department of Commerce (the Department) preliminarily determines that silicon metal from Brazil is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is January 1, 2016, through December 31, 2016.

Federal Register, Volume 82 Issue 196 (Thursday, October 12, 2017)
[Federal Register Volume 82, Number 196 (Thursday, October 12, 2017)]
[Notices]
[Pages 47466-47469]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-22066]


=======================================================================
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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-850]


Silicon Metal From Brazil: Preliminary Affirmative Determination 
of Sales at Less Than Fair Value, Postponement of Final Determination, 
and Extension of Provisional Measures

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) preliminarily 
determines that silicon metal from

[[Page 47467]]

Brazil is being, or is likely to be, sold in the United States at less 
than fair value (LTFV). The period of investigation (POI) is January 1, 
2016, through December 31, 2016.

DATES: Applicable October 12, 2017.

FOR FURTHER INFORMATION CONTACT: Robert James or Jesus Saenz, AD/CVD 
Operations, Office VIII, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW., Washington, DC 20230; telephone: (202) 482-0649 or (202) 
482-8184, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    This preliminary determination is made in accordance with section 
733(b) of the Tariff Act of 1930, as amended (the Act). The Department 
published the notice of initiation of this investigation on April 4, 
2017.\1\ On August 1, 2017, the Department postponed the preliminary 
determination of this investigation and the revised deadline is now 
October 4, 2017.\2\ For a complete description of the events that 
followed the initiation of this investigation, see the Preliminary 
Decision Memorandum.\3\ A list of topics included in the Preliminary 
Decision Memorandum is included as Appendix II to this notice. The 
Preliminary Decision Memorandum is a public document and is on file 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov, 
and to all parties in the Central Records Unit, Room B8024 of the main 
Department of Commerce building. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and the electronic versions of 
the Preliminary Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \1\ See Silicon Metal from Australia, Brazil, and Norway, 82 FR 
16352 (April 4, 2017) (Initiation Notice).
    \2\ See Silicon Metal from Australia, Brazil, and Norway: 
Postponement of Preliminary Determinations in the Less-Than-Fair-
Value Investigations, 82 FR 35753 (August 1, 2017).
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination in the Less-Than-Fair-Value Investigation of Silicon 
Metal from Brazil'' dated concurrently with, and hereby adopted by, 
this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

    The product covered by this investigation is silicon metal from 
Brazil. For a complete description of the scope of this investigation, 
see Appendix I.

Scope Comments

    In accordance with the preamble to the Department's regulations,\4\ 
the Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e., scope).\5\ Certain interested 
parties commented on the scope of the investigation as it appeared in 
the Initiation Notice. After evaluating these comments, the Department 
preliminarily determines that modifying the scope language as it 
appeared in the Initiation Notice is not warranted. See the scope in 
Appendix I to this notice. However, the Department is inviting comment 
on one of the issues raised: The appropriate calculation methodology 
for determining the silicon content of out-of-scope products (i.e., 
silicon metal with a silicon content in excess of 99.99 percent), and, 
specifically, which impurities should be taken into account in that 
calculation. These comments are due no later than November 6, 2017, and 
rebuttal comments no later than November 13, 2017. For a summary of the 
product coverage comments submitted on the record of this proceeding, 
see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \5\ See Initiation Notice.
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Methodology

    The Department is conducting this investigation in accordance with 
section 731 of the Act. The Department has preliminarily relied on the 
facts otherwise available, in accordance with section 776(a)(1) of the 
Act, to determine an estimated weighted-average dumping margin for 
Palmyra do Brasil Ind[uacute]stria e Com[eacute]rcio de Sil[iacute]cio 
Met[aacute]lico e Recursos Naturais Ltda. (Palmyra do Brasil) (formerly 
known as Dow Corning Sil[iacute]cio do Brasil Ind[uacute]stria e 
Com[eacute]rcio Ltda. (Dow Corning Sil[iacute]cio)).\6\ Furthermore, 
pursuant to section 776(a) and (b) of the Act, the Department has 
preliminarily relied upon adverse facts available to determine an 
estimated weighted-aveage dumping margin for Ligas de Aluminio S.A. 
(LIASA). For a full description of the methodology underlying the 
preliminary determination, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \6\ On August 23, 2017 Dow Corning Sil[iacute]cio notified the 
Department that it had legally changed its name to Palmyra do 
Brasil. For further discussion of Dow Corning Sil[iacute]cio's name 
change to Palmyra do Brasil, see the Preliminary Decision 
Memorandum.
---------------------------------------------------------------------------

All-Others Rate

    Sections 733(d)(1)(A)(ii) and 735(c)(5)(A) of the Act provide that 
in the preliminary determination the Department shall determine an 
estimated all-others rate for all exporters and producers not 
individually examined. This rate shall be an amount equal to the 
weighted average of the estimated weighted-average dumping margins 
established for exporters and producers individually investigated, 
excluding any zero and de minimis margins, and any margins determined 
entirely under section 776 of the Act.
    Pursuant to section 735(c)(5)(B) of the Act, if the estimated 
weighted-average dumping margins established for all exporters and 
producers individually examined are zero, de minimis, or determined 
entirely under section 776 of the Act, then the Department may use any 
reasonable method to establish the estimated weighted-average dumping 
margin for all other producers or exporters.
    The Department has preliminarily determined the estimated weighted-
average dumping margin for each of the individually examined 
respondents (i.e., Palmyra do Brasil and LIASA) entirely under section 
776 of the Act. Consequently, the only available rates for this 
preliminary determination are the dumping margins alleged in the 
Petition \7\ and are the dumping margins upon which we initiated this 
investigation. Pursuant to section 735(c)(5)(B) of the Act, the 
Department's practice under these circumstances is to calculate the 
``all-others'' rate as a simple average of the dumping margins alleged 
in the Petition.\8\ For a full

[[Page 47468]]

description of the methodology underlying our conclusions, see the 
Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \7\ See Silicon Metal from Australia, Brazil, Kazakhstan and 
Norway: Antidumping and Countervailing Duty Petition,'' dated March 
8, 2017 (the Petition).
    \8\ See, e.g. Notice of Preliminary Determination of Sales at 
Less Than Fair Value: Sodium Nitrite from the Federal Republic of 
Germany, 73 FR 21909, 21912 (April 23, 2008), unchanged in Notice of 
Final Determination of Sales at Less Than Fair Value: Sodium Nitrite 
from the Federal Republic of Germany, 73 FR 38986, 38987 (July 8, 
2008), and accompanying Issues and Decision Memorandum at Comment 2; 
Notice of Final Determination of Sales at Less Than Fair Value: Raw 
Flexible Magnets From Taiwan, 73 FR 39673, 39674 (July 10, 2008); 
Steel Threaded Rod from Thailand: Preliminary Determination of Sales 
at Less Than Fair Value and Affirmative Preliminary Determination of 
Critical Circumstances, 78 FR 79670, 79671 (December 31, 2013), 
unchanged in Steel Threaded Rod From Thailand: Final Determination 
of Sales at Less Than Fair Value and Affirmative Final Determination 
of Critical Circumstances, 79 FR 14476, 14477 (March 14, 2014); and 
Steel Concrete Reinforcing Bar from Japan: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value, 82 FR 12796, 12797 
(March 7, 2017), unchanged in Steel Concrete Reinforcing Bar from 
Japan: Final Affirmative Determination of Sales at Less Than Fair 
Value, 82 FR 23195 (May 22, 2017).
---------------------------------------------------------------------------

Preliminary Determination

    The Department preliminarily determines that the following 
estimated weighted-average dumping margins exist:

------------------------------------------------------------------------
                                             Estimated     Cash  deposit
                                             weighted-    rate (adjusted
                                              average        for export
            Exporter/producer                 dumping         subsidy
                                              margin        offset(s))
                                             (percent)       (percent)
------------------------------------------------------------------------
Palmyra do Brasil Ind[uacute]stria e               56.78       \9\ 56.24
 Com[eacute]rcio de Sil[iacute]cio
 Met[aacute]lico e Recursos Naturais
 Ltda. (formerly known as Dow Corning
 Sil[iacute]cio do Brasil
 Ind[uacute]stria e Com[eacute]rcio
 Ltda.).................................
Ligas de Aluminio S.A.--LIASA...........          134.92     \10\ 134.38
All-Others..............................           56.78      \11\ 56.24
------------------------------------------------------------------------

Suspension of Liquidation
---------------------------------------------------------------------------

    \9\ See Silicon Metal From Brazil: Preliminary Affirmative 
Countervailing Duty Determination, and Alignment of Final 
Determination With Final Antidumping Duty Determination, 82 FR 37841 
(August 14, 2017), and accompanying Preliminary Decision Memorandum 
at 4-9; and Memorandum to the File from Jaron Moore, International 
Trade Compliance Analyst, ``Preliminary Margin Calculations--Silicon 
Metal from Brazil,'' dated concurrently with this notice.
    \10\ Id.
    \11\ Id.
---------------------------------------------------------------------------

    In accordance with section 733(d)(2) of the Act, the Department 
will direct U.S. Customs and Border Protection (CBP) to suspend 
liquidation of entries of subject merchandise, as described in Appendix 
I, entered, or withdrawn from warehouse, for consumption on or after 
the date of publication of this notice in the Federal Register as 
discussed below. Further, pursuant to section 733(d)(1)(B) of the Act 
and 19 CFR 351.205(d), the Department will instruct CBP to require a 
cash deposit equal to the estimated weighted-average dumping margin, 
adjusted for export subsidy offset(s), as follows: (1) The cash deposit 
rate for the respondents listed above will be equal to the company-
specific estimated weighted-average dumping margins determined in this 
preliminary determination; (2) if the exporter is not a respondent 
identified above, but the producer is, then the cash deposit rate will 
be equal to the company-specific estimated weighted-average dumping 
margin established for that producer of the subject merchandise; and 
(3) the cash deposit rate for all other producers and exporters will be 
equal to the estimated weighted-average dumping margin for all other 
producers and exporters. These suspension of liquidation instructions 
will remain in effect until further notice.
    The Department normally adjusts cash deposits for estimated 
antidumping duties by the amount of export subsidies countervailed in a 
companion countervailing duty (CVD) proceeding, when CVD provisional 
measures are in effect.
    Accordingly, as the Department preliminarily made an affirmative 
determination for countervailable export subsidies, the Department has 
offset the estimated weighted-average dumping margins by the 
appropriate CVD rate to determine the required cash deposit rates. The 
adjusted cash deposit rates may be found in the Preliminary 
Determination section above.
    Should provisional measures in the companion CVD investigation 
expire prior to the expiration of provisional measures in this LTFV 
investigation, the Department will direct CBP to begin collecting 
estimated antidumping duty cash deposits unadjusted for countervailed 
export subsidies at the time that the provisional CVD measures expire. 
These suspension of liquidation instructions will remain in effect 
until further notice.

Disclosure

    Normally, the Department discloses to interested parties the 
calculations performed in connection with a preliminary determination 
within five days of any public announcement or, if there is no public 
announcement, within five days of the date of publication of the notice 
of preliminary determination in the Federal Register, in accordance 
with 19 CFR 351.224(b). However, the Department preliminarily 
determined estimated weighted-avearge dumping margins for both 
respondents that are determined entirely under section 776 of the Act. 
As these rates are based solely on margins from the Petition, there are 
no calculations to disclose.

Verification

    As explained in the Preliminary Decision Memorandum, consistent 
with section 782(d), we will afford Palmyra do Brasil the opportunity 
to remedy certain deficiencies in its reported sales and further 
manufacturing cost data after issuing this preliminary determination. 
As provided in section 782(i)(1) of the Act, we intend to verify this 
respondent's information if we rely upon it in making our final 
determination. We do not intend to verify LIASA as it has been found to 
have been uncooperative in this investigation.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than seven 
days after the date on which the last verification report is issued in 
this investigation. Rebuttal briefs, limited to issues raised in case 
briefs, may be submitted no later than five days after the deadline 
date for case briefs.\12\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), 
parties who submit case briefs or rebuttal briefs in this investigation 
are encouraged to submit with each argument: (1) A statement of the 
issue; (2) a brief summary of the argument; and (3) a table of 
authorities.
---------------------------------------------------------------------------

    \12\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, the 
Department intends to hold the hearing at the U.S. Department of 
Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, at a time 
and date to be determined. Parties should confirm by telephone the 
date, time, and

[[Page 47469]]

location of the hearing two days before the scheduled date.

Postponement of Final Determination and Extension of Provisional 
Measures

    Section 735(a)(2) of the Act provides that a final determination 
may be postponed until not later than 135 days after the date of the 
publication of the preliminary determination if, in the event of an 
affirmative preliminary determination, a request for such postponement 
is made by exporters who account for a significant proportion of 
exports of the subject merchandise, or in the event of a negative 
preliminary determination, a request for such postponement is made by 
the petitioner. Section 351.210(e)(2) of the Department's regulations 
requires that a request by exporters for postponement of the final 
determination be accompanied by a request for extension of provisional 
measures from a four-month period to a period not more than six months 
in duration.
    On September 6, 2017, pursuant to 19 CFR 351.210(e), Palmyra do 
Brasil requested that the Department postpone the final determination 
and that provisional measures be extended to a period not to exceed six 
months.\13\ In accordance with section 735(a)(2)(A) of the Act and 19 
CFR 351.210(b)(2)(ii), because: (1) The preliminary determination is 
affirmative; (2) the requesting exporter accounts for a significant 
proportion of exports of the subject merchandise; and (3) no compelling 
reasons for denial exist, the Department is postponing the final 
determination and extending the provisional measures from a four-month 
period to a period not greater than six months. Accordingly, the 
Department will make its final determination no later than 135 days 
after the date of publication of this preliminary determination.
---------------------------------------------------------------------------

    \13\ See Letter from Palmyra do Brasil, ``Silicon Metal from 
Brazil/Exporter's Request for Postponement of Final Antidumping 
Determination'' dated September 6, 2017.
---------------------------------------------------------------------------

International Trade Commission Notification

    In accordance with section 733(f) of the Act, the Department will 
notify the International Trade Commission (ITC) of its preliminary 
determination. If the final determination is affirmative, the ITC will 
determine before the later of 120 days after the date of this 
preliminary determination or 45 days after the final determination 
whether these imports are materially injuring, or threaten material 
injury to, the U.S. industry.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).

    Dated: October 4, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The scope of this investigation covers all forms and sizes of 
silicon metal, including silicon metal powder. Silicon metal 
contains at least 85.00 percent but less than 99.99 percent silicon, 
and less than 4.00 percent iron, by actual weight. Semiconductor 
grade silicon (merchandise containing at least 99.99 percent silicon 
by actual weight and classifiable under Harmonized Tariff Schedule 
of the United States (HTSUS) subheading 2804.61.0000) is excluded 
from the scope of this investigation.
    Silicon metal is currently classifiable under subheadings 
2804.69.1000 and 2804.69.5000 of the HTSUS. While HTSUS numbers are 
provided for convenience and customs purposes, the written 
description of the scope remains dispositive.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Name Change for Dow Corning Silicio do Brasil Ind[uacute]stria 
e Com[eacute]rcio Ltda.
IV. Period of Investigation
V. Scope Comments
VI. Application of Facts Available and Use of Adverse Facts 
Available
    A. Application of Facts Available
    B. Use of Adverse Inference for LIASA
    C. Preliminary Estimated Weighted-Average Dumping Margin Based 
on AFA
    D. Corroboration of Secondary Information
VII. Conclusion

[FR Doc. 2017-22066 Filed 10-11-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                                    47466                       Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Notices

                                                    collect in accordance with OMB Federal                  the obligation was made. Please note                  race, color, national origin, religion, sex,
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                                                    accordance with Title IX of the                         Management (SAM). As a result, the                    beliefs, or reprisal or retaliation for prior
                                                    Education Amendments of 1972. These                     FSRS will soon be consolidated into and               civil rights activity, in any program or
                                                    items should not be submitted with the                  accessed through https://www.sam.gov.                 activity conducted or funded by USDA
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                                                                                                            government-wide Web site (at time of
                                                    such applicant is exempt from such                      publication, www.USAspending.gov). (2                 Silicon Metal From Brazil: Preliminary
                                                    reporting requirements pursuant to 2                    CFR 200.211).                                         Affirmative Determination of Sales at
                                                    CFR 170.110(b). The reporting                                                                                 Less Than Fair Value, Postponement
                                                                                                            2. USDA Non-Discrimination Statement
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    requirements under the Transparency                                                                           of Final Determination, and Extension
                                                    Act pursuant to 2 CFR part 170 are as                      In accordance with Federal civil
                                                                                                                                                                  of Provisional Measures
                                                    follows:                                                rights laws and U.S. Department of
                                                       a. First Tier Sub-Awards of $25,000 or               Agriculture (USDA) civil rights                       AGENCY:  Enforcement and Compliance,
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                                                    http://www.fsrs.gov no later than the                   administering USDA programs are                       (the Department) preliminarily
                                                    end of the month following the month                    prohibited from discriminating based on               determines that silicon metal from


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                                                                                Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Notices                                                   47467

                                                    Brazil is being, or is likely to be, sold               Brazil. For a complete description of the             All-Others Rate
                                                    in the United States at less than fair                  scope of this investigation, see                         Sections 733(d)(1)(A)(ii) and
                                                    value (LTFV). The period of                             Appendix I.                                           735(c)(5)(A) of the Act provide that in
                                                    investigation (POI) is January 1, 2016,                                                                       the preliminary determination the
                                                                                                            Scope Comments
                                                    through December 31, 2016.                                                                                    Department shall determine an
                                                    DATES: Applicable October 12, 2017.                        In accordance with the preamble to                 estimated all-others rate for all exporters
                                                    FOR FURTHER INFORMATION CONTACT:                        the Department’s regulations,4 the                    and producers not individually
                                                    Robert James or Jesus Saenz, AD/CVD                     Initiation Notice set aside a period of               examined. This rate shall be an amount
                                                    Operations, Office VIII, Enforcement                    time for parties to raise issues regarding            equal to the weighted average of the
                                                    and Compliance, International Trade                     product coverage (i.e., scope).5 Certain              estimated weighted-average dumping
                                                    Administration, U.S. Department of                      interested parties commented on the                   margins established for exporters and
                                                    Commerce, 1401 Constitution Avenue                      scope of the investigation as it appeared             producers individually investigated,
                                                    NW., Washington, DC 20230; telephone:                   in the Initiation Notice. After evaluating            excluding any zero and de minimis
                                                    (202) 482–0649 or (202) 482–8184,                       these comments, the Department                        margins, and any margins determined
                                                    respectively.                                           preliminarily determines that modifying               entirely under section 776 of the Act.
                                                                                                            the scope language as it appeared in the                 Pursuant to section 735(c)(5)(B) of the
                                                    SUPPLEMENTARY INFORMATION:
                                                                                                            Initiation Notice is not warranted. See               Act, if the estimated weighted-average
                                                    Background                                              the scope in Appendix I to this notice.               dumping margins established for all
                                                                                                            However, the Department is inviting                   exporters and producers individually
                                                       This preliminary determination is
                                                                                                            comment on one of the issues raised:                  examined are zero, de minimis, or
                                                    made in accordance with section 733(b)
                                                                                                            The appropriate calculation                           determined entirely under section 776
                                                    of the Tariff Act of 1930, as amended
                                                                                                            methodology for determining the silicon               of the Act, then the Department may use
                                                    (the Act). The Department published the
                                                                                                            content of out-of-scope products (i.e.,               any reasonable method to establish the
                                                    notice of initiation of this investigation                                                                    estimated weighted-average dumping
                                                    on April 4, 2017.1 On August 1, 2017,                   silicon metal with a silicon content in
                                                                                                            excess of 99.99 percent), and,                        margin for all other producers or
                                                    the Department postponed the                                                                                  exporters.
                                                    preliminary determination of this                       specifically, which impurities should be
                                                                                                            taken into account in that calculation.                  The Department has preliminarily
                                                    investigation and the revised deadline is                                                                     determined the estimated weighted-
                                                    now October 4, 2017.2 For a complete                    These comments are due no later than
                                                                                                            November 6, 2017, and rebuttal                        average dumping margin for each of the
                                                    description of the events that followed                                                                       individually examined respondents (i.e.,
                                                    the initiation of this investigation, see               comments no later than November 13,
                                                                                                            2017. For a summary of the product                    Palmyra do Brasil and LIASA) entirely
                                                    the Preliminary Decision                                                                                      under section 776 of the Act.
                                                    Memorandum.3 A list of topics included                  coverage comments submitted on the
                                                                                                            record of this proceeding, see the                    Consequently, the only available rates
                                                    in the Preliminary Decision                                                                                   for this preliminary determination are
                                                    Memorandum is included as Appendix                      Preliminary Decision Memorandum.
                                                                                                                                                                  the dumping margins alleged in the
                                                    II to this notice. The Preliminary                      Methodology                                           Petition 7 and are the dumping margins
                                                    Decision Memorandum is a public                                                                               upon which we initiated this
                                                    document and is on file electronically                    The Department is conducting this
                                                                                                                                                                  investigation. Pursuant to section
                                                    via Enforcement and Compliance’s                        investigation in accordance with section
                                                                                                                                                                  735(c)(5)(B) of the Act, the Department’s
                                                    Antidumping and Countervailing Duty                     731 of the Act. The Department has
                                                                                                                                                                  practice under these circumstances is to
                                                    Centralized Electronic Service System                   preliminarily relied on the facts
                                                                                                                                                                  calculate the ‘‘all-others’’ rate as a
                                                    (ACCESS). ACCESS is available to                        otherwise available, in accordance with
                                                                                                                                                                  simple average of the dumping margins
                                                    registered users at https://                            section 776(a)(1) of the Act, to
                                                                                                                                                                  alleged in the Petition.8 For a full
                                                    access.trade.gov, and to all parties in the             determine an estimated weighted-
                                                    Central Records Unit, Room B8024 of                     average dumping margin for Palmyra do                    7 See Silicon Metal from Australia, Brazil,
                                                    the main Department of Commerce                         Brasil Indústria e Comércio de Silı́cio             Kazakhstan and Norway: Antidumping and
                                                    building. In addition, a complete                       Metálico e Recursos Naturais Ltda.                   Countervailing Duty Petition,’’ dated March 8, 2017
                                                    version of the Preliminary Decision                     (Palmyra do Brasil) (formerly known as                (the Petition).
                                                                                                                                                                     8 See, e.g. Notice of Preliminary Determination of
                                                    Memorandum can be accessed directly                     Dow Corning Silı́cio do Brasil Indústria
                                                                                                                                                                  Sales at Less Than Fair Value: Sodium Nitrite from
                                                    at http://enforcement.trade.gov/frn/.                   e Comércio Ltda. (Dow Corning                        the Federal Republic of Germany, 73 FR 21909,
                                                    The signed and the electronic versions                  Silı́cio)).6 Furthermore, pursuant to                 21912 (April 23, 2008), unchanged in Notice of
                                                    of the Preliminary Decision                             section 776(a) and (b) of the Act, the                Final Determination of Sales at Less Than Fair
                                                                                                            Department has preliminarily relied                   Value: Sodium Nitrite from the Federal Republic of
                                                    Memorandum are identical in content.                                                                          Germany, 73 FR 38986, 38987 (July 8, 2008), and
                                                                                                            upon adverse facts available to                       accompanying Issues and Decision Memorandum at
                                                    Scope of the Investigation                              determine an estimated weighted-aveage                Comment 2; Notice of Final Determination of Sales
                                                      The product covered by this                           dumping margin for Ligas de Aluminio                  at Less Than Fair Value: Raw Flexible Magnets
                                                    investigation is silicon metal from                     S.A. (LIASA). For a full description of               From Taiwan, 73 FR 39673, 39674 (July 10, 2008);
                                                                                                                                                                  Steel Threaded Rod from Thailand: Preliminary
                                                                                                            the methodology underlying the                        Determination of Sales at Less Than Fair Value and
                                                      1 See Silicon Metal from Australia, Brazil, and
                                                                                                            preliminary determination, see the                    Affirmative Preliminary Determination of Critical
                                                    Norway, 82 FR 16352 (April 4, 2017) (Initiation         Preliminary Decision Memorandum.                      Circumstances, 78 FR 79670, 79671 (December 31,
                                                    Notice).
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                                                                                  2013), unchanged in Steel Threaded Rod From
                                                      2 See Silicon Metal from Australia, Brazil, and
                                                                                                                                                                  Thailand: Final Determination of Sales at Less
                                                                                                               4 See Antidumping Duties; Countervailing Duties,
                                                    Norway: Postponement of Preliminary                                                                           Than Fair Value and Affirmative Final
                                                    Determinations in the Less-Than-Fair-Value              Final Rule, 62 FR 27296, 27323 (May 19, 1997).        Determination of Critical Circumstances, 79 FR
                                                    Investigations, 82 FR 35753 (August 1, 2017).              5 See Initiation Notice.
                                                                                                                                                                  14476, 14477 (March 14, 2014); and Steel Concrete
                                                      3 See Memorandum, ‘‘Decision Memorandum for              6 On August 23, 2017 Dow Corning Silı́cio          Reinforcing Bar from Japan: Preliminary
                                                    the Preliminary Determination in the Less-Than-         notified the Department that it had legally changed   Affirmative Determination of Sales at Less Than
                                                    Fair-Value Investigation of Silicon Metal from          its name to Palmyra do Brasil. For further            Fair Value, 82 FR 12796, 12797 (March 7, 2017),
                                                    Brazil’’ dated concurrently with, and hereby            discussion of Dow Corning Silı́cio’s name change to   unchanged in Steel Concrete Reinforcing Bar from
                                                    adopted by, this notice (Preliminary Decision           Palmyra do Brasil, see the Preliminary Decision       Japan: Final Affirmative Determination of Sales at
                                                    Memorandum).                                            Memorandum.                                           Less Than Fair Value, 82 FR 23195 (May 22, 2017).



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                                                    47468                                 Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Notices

                                                    description of the methodology                                              Preliminary Determination                                                   weighted-average dumping margins
                                                    underlying our conclusions, see the                                           The Department preliminarily                                              exist:
                                                    Preliminary Decision Memorandum.                                            determines that the following estimated

                                                                                                                                                                                                                                                      Cash
                                                                                                                                                                                                                                   Estimated         deposit
                                                                                                                                                                                                                                   weighted-     rate (adjusted
                                                                                                                                                                                                                                    average
                                                                                                                            Exporter/producer                                                                                                      for export
                                                                                                                                                                                                                                   dumping           subsidy
                                                                                                                                                                                                                                    margin          offset(s))
                                                                                                                                                                                                                                   (percent)        (percent)

                                                    Palmyra do Brasil Indústria e Comércio de Silı́cio Metálico e Recursos Naturais Ltda. (formerly known as Dow
                                                       Corning Silı́cio do Brasil Indústria e Comércio Ltda.) ..........................................................................................                               56.78          9 56.24

                                                    Ligas de Aluminio S.A.—LIASA ..............................................................................................................................                         134.92        10 134.38

                                                    All-Others .................................................................................................................................................................         56.78         11 56.24




                                                    Suspension of Liquidation                                                   when CVD provisional measures are in                                        after issuing this preliminary
                                                       In accordance with section 733(d)(2)                                     effect.                                                                     determination. As provided in section
                                                                                                                                   Accordingly, as the Department                                           782(i)(1) of the Act, we intend to verify
                                                    of the Act, the Department will direct
                                                                                                                                preliminarily made an affirmative                                           this respondent’s information if we rely
                                                    U.S. Customs and Border Protection
                                                                                                                                determination for countervailable export                                    upon it in making our final
                                                    (CBP) to suspend liquidation of entries
                                                                                                                                subsidies, the Department has offset the                                    determination. We do not intend to
                                                    of subject merchandise, as described in
                                                                                                                                estimated weighted-average dumping                                          verify LIASA as it has been found to
                                                    Appendix I, entered, or withdrawn from
                                                                                                                                margins by the appropriate CVD rate to                                      have been uncooperative in this
                                                    warehouse, for consumption on or after
                                                                                                                                determine the required cash deposit                                         investigation.
                                                    the date of publication of this notice in
                                                                                                                                rates. The adjusted cash deposit rates
                                                    the Federal Register as discussed below.                                                                                                                Public Comment
                                                                                                                                may be found in the Preliminary
                                                    Further, pursuant to section 733(d)(1)(B)                                                                                                                  Case briefs or other written comments
                                                                                                                                Determination section above.
                                                    of the Act and 19 CFR 351.205(d), the                                          Should provisional measures in the                                       may be submitted to the Assistant
                                                    Department will instruct CBP to require                                     companion CVD investigation expire                                          Secretary for Enforcement and
                                                    a cash deposit equal to the estimated                                       prior to the expiration of provisional                                      Compliance no later than seven days
                                                    weighted-average dumping margin,                                            measures in this LTFV investigation, the                                    after the date on which the last
                                                    adjusted for export subsidy offset(s), as                                   Department will direct CBP to begin                                         verification report is issued in this
                                                    follows: (1) The cash deposit rate for the                                  collecting estimated antidumping duty                                       investigation. Rebuttal briefs, limited to
                                                    respondents listed above will be equal                                      cash deposits unadjusted for                                                issues raised in case briefs, may be
                                                    to the company-specific estimated                                           countervailed export subsidies at the                                       submitted no later than five days after
                                                    weighted-average dumping margins                                            time that the provisional CVD measures                                      the deadline date for case briefs.12
                                                    determined in this preliminary                                              expire. These suspension of liquidation                                     Pursuant to 19 CFR 351.309(c)(2) and
                                                    determination; (2) if the exporter is not                                   instructions will remain in effect until                                    (d)(2), parties who submit case briefs or
                                                    a respondent identified above, but the                                      further notice.                                                             rebuttal briefs in this investigation are
                                                    producer is, then the cash deposit rate                                                                                                                 encouraged to submit with each
                                                    will be equal to the company-specific                                       Disclosure
                                                                                                                                                                                                            argument: (1) A statement of the issue;
                                                    estimated weighted-average dumping                                            Normally, the Department discloses to                                     (2) a brief summary of the argument;
                                                    margin established for that producer of                                     interested parties the calculations                                         and (3) a table of authorities.
                                                    the subject merchandise; and (3) the                                        performed in connection with a                                                 Pursuant to 19 CFR 351.310(c),
                                                    cash deposit rate for all other producers                                   preliminary determination within five                                       interested parties who wish to request a
                                                    and exporters will be equal to the                                          days of any public announcement or, if                                      hearing, limited to issues raised in the
                                                    estimated weighted-average dumping                                          there is no public announcement,                                            case and rebuttal briefs, must submit a
                                                    margin for all other producers and                                          within five days of the date of                                             written request to the Assistant
                                                    exporters. These suspension of                                              publication of the notice of preliminary                                    Secretary for Enforcement and
                                                    liquidation instructions will remain in                                     determination in the Federal Register,                                      Compliance, U.S. Department of
                                                    effect until further notice.                                                in accordance with 19 CFR 351.224(b).                                       Commerce, within 30 days after the date
                                                       The Department normally adjusts                                          However, the Department preliminarily                                       of publication of this notice. Requests
                                                    cash deposits for estimated antidumping                                     determined estimated weighted-avearge                                       should contain the party’s name,
                                                    duties by the amount of export subsidies                                    dumping margins for both respondents                                        address, and telephone number, the
                                                    countervailed in a companion                                                that are determined entirely under                                          number of participants, whether any
                                                    countervailing duty (CVD) proceeding,                                       section 776 of the Act. As these rates are                                  participant is a foreign national, and a
                                                                                                                                based solely on margins from the                                            list of the issues to be discussed. If a
                                                      9 See Silicon Metal From Brazil: Preliminary
                                                                                                                                Petition, there are no calculations to                                      request for a hearing is made, the
                                                    Affirmative Countervailing Duty Determination,
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    and Alignment of Final Determination With Final
                                                                                                                                disclose.                                                                   Department intends to hold the hearing
                                                    Antidumping Duty Determination, 82 FR 37841                                 Verification                                                                at the U.S. Department of Commerce,
                                                    (August 14, 2017), and accompanying Preliminary                                                                                                         1401 Constitution Avenue NW.,
                                                    Decision Memorandum at 4–9; and Memorandum                                    As explained in the Preliminary                                           Washington, DC 20230, at a time and
                                                    to the File from Jaron Moore, International Trade                           Decision Memorandum, consistent with
                                                    Compliance Analyst, ‘‘Preliminary Margin                                                                                                                date to be determined. Parties should
                                                    Calculations—Silicon Metal from Brazil,’’ dated
                                                                                                                                section 782(d), we will afford Palmyra                                      confirm by telephone the date, time, and
                                                    concurrently with this notice.                                              do Brasil the opportunity to remedy
                                                      10 Id.                                                                    certain deficiencies in its reported sales                                     12 See 19 CFR 351.309; see also 19 CFR 351.303
                                                      11 Id.                                                                    and further manufacturing cost data                                         (for general filing requirements).



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                                                                                Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Notices                                                   47469

                                                    location of the hearing two days before                  Notification to Interested Parties                    Department) published the preliminary
                                                    the scheduled date.                                        This determination is issued and                    results of the administrative review and
                                                                                                             published in accordance with sections                 intent to rescind the new shipper review
                                                    Postponement of Final Determination
                                                                                                             733(f) and 777(i)(1) of the Act and 19                of the antidumping duty order on
                                                    and Extension of Provisional Measures
                                                                                                             CFR 351.205(c).                                       freshwater crawfish tail meat from the
                                                       Section 735(a)(2) of the Act provides                                                                       People’s Republic of China (PRC). The
                                                    that a final determination may be                          Dated: October 4, 2017.                             period of review (POR) for the
                                                    postponed until not later than 135 days                  Gary Taverman,                                        administrative review and aligned new
                                                    after the date of the publication of the                 Deputy Assistant Secretary for Antidumping            shipper review is September 1, 2015,
                                                    preliminary determination if, in the                     and Countervailing Duty Operations,                   through August 31, 2016. Based on our
                                                    event of an affirmative preliminary                      performing the non-exclusive functions and            analysis of the comments received, the
                                                    determination, a request for such                        duties of the Assistant Secretary for
                                                                                                             Enforcement and Compliance.
                                                                                                                                                                   Department has made changes to the
                                                    postponement is made by exporters who                                                                          margin calculations for the final results
                                                    account for a significant proportion of                  Appendix I                                            of the administrative review. The
                                                    exports of the subject merchandise, or in                Scope of the Investigation                            Department continues to find that
                                                    the event of a negative preliminary                                                                            Jingzhou Tianhe Aquatic Products,
                                                    determination, a request for such                           The scope of this investigation covers all
                                                                                                             forms and sizes of silicon metal, including
                                                                                                                                                                   Ltd.’s (Jingzhou Tianhe) single sale
                                                    postponement is made by the petitioner.                  silicon metal powder. Silicon metal contains          made to the United States during the
                                                    Section 351.210(e)(2) of the                             at least 85.00 percent but less than 99.99            POR was not bona fide and, therefore,
                                                    Department’s regulations requires that a                 percent silicon, and less than 4.00 percent           is rescinding the new shipper review
                                                    request by exporters for postponement                    iron, by actual weight. Semiconductor grade           with respect to Jingzhou Tianhe.
                                                    of the final determination be                            silicon (merchandise containing at least              DATES: Applicable October 12, 2017.
                                                    accompanied by a request for extension                   99.99 percent silicon by actual weight and
                                                                                                                                                                   FOR FURTHER INFORMATION CONTACT:
                                                    of provisional measures from a four-                     classifiable under Harmonized Tariff
                                                                                                             Schedule of the United States (HTSUS)                 Bryan Hansen or Minoo Hatten, AD/
                                                    month period to a period not more than                                                                         CVD Operations, Office I, Enforcement
                                                    six months in duration.                                  subheading 2804.61.0000) is excluded from
                                                                                                             the scope of this investigation.                      and Compliance, International Trade
                                                       On September 6, 2017, pursuant to 19                     Silicon metal is currently classifiable            Administration, U.S. Department of
                                                    CFR 351.210(e), Palmyra do Brasil                        under subheadings 2804.69.1000 and                    Commerce, 1401 Constitution Avenue
                                                    requested that the Department postpone                   2804.69.5000 of the HTSUS. While HTSUS                NW., Washington, DC 20230; telephone:
                                                    the final determination and that                         numbers are provided for convenience and              (202) 482–3683 or (202) 482–1690,
                                                    provisional measures be extended to a                    customs purposes, the written description of          respectively.
                                                    period not to exceed six months.13 In                    the scope remains dispositive.
                                                    accordance with section 735(a)(2)(A) of                                                                        SUPPLEMENTARY INFORMATION:
                                                                                                             Appendix II
                                                    the Act and 19 CFR 351.210(b)(2)(ii),                                                                          Background
                                                    because: (1) The preliminary                             List of Topics Discussed in the Preliminary
                                                    determination is affirmative; (2) the                    Decision Memorandum                                     On June 7, 2017, the Department
                                                    requesting exporter accounts for a                       I. Summary                                            published the preliminary results of the
                                                    significant proportion of exports of the                 II. Background                                        administrative review and intent to
                                                    subject merchandise; and (3) no                          III. Name Change for Dow Corning Silicio do           rescind the new shipper review of the
                                                    compelling reasons for denial exist, the                       Brasil Indústria e Comércio Ltda.             antidumping duty order on freshwater
                                                                                                             IV. Period of Investigation                           crawfish tail meat from the People’s
                                                    Department is postponing the final                       V. Scope Comments
                                                    determination and extending the                                                                                Republic of China (the PRC) 1 and
                                                                                                             VI. Application of Facts Available and Use of         invited interested parties to comment.
                                                    provisional measures from a four-month                         Adverse Facts Available
                                                    period to a period not greater than six                     A. Application of Facts Available
                                                                                                                                                                   On July 14, 2017, Hubei Nature
                                                    months. Accordingly, the Department                         B. Use of Adverse Inference for LIASA              Agriculture Industry Co., Ltd. (Hubei
                                                    will make its final determination no                        C. Preliminary Estimated Weighted-                 Nature) timely submitted its case brief
                                                    later than 135 days after the date of                          Average Dumping Margin Based on AFA             in the administrative review and, on
                                                    publication of this preliminary                             D. Corroboration of Secondary Information          July 19, 2017, the Crawfish Processors
                                                    determination.                                           VII. Conclusion                                       Alliance 2 (the petitioners) timely
                                                                                                             [FR Doc. 2017–22066 Filed 10–11–17; 8:45 am]
                                                    International Trade Commission                           BILLING CODE 3510–DS–P
                                                                                                                                                                     1 See Freshwater Crawfish Tail Meat from the

                                                    Notification                                                                                                   People’s Republic of China: Preliminary Results of
                                                                                                                                                                   Antidumping Duty Administrative Review,
                                                       In accordance with section 733(f) of                                                                        Rescission of Review in Part, and Preliminary Intent
                                                    the Act, the Department will notify the                  DEPARTMENT OF COMMERCE                                to Rescind New Shipper Review; 2015–2016, 82 FR
                                                    International Trade Commission (ITC) of                                                                        26435 (June 7, 2017), and accompanying Decision
                                                                                                             International Trade Administration                    Memorandum (Preliminary Decision Memorandum)
                                                    its preliminary determination. If the                                                                          (collectively, Preliminary Results).
                                                    final determination is affirmative, the                  [A–570–848]                                             2 The Crawfish Processors Alliance consists of the

                                                    ITC will determine before the later of                                                                         following firms: A&S Crawfish; Acadiana
                                                    120 days after the date of this                          Freshwater Crawfish Tail Meat From                    Fishermen’s Cooperative; Arnaudville Seafood
                                                                                                             the People’s Republic of China: Final                 Plant; Atchafalaya Crawfish Processors; Atchafalaya
                                                    preliminary determination or 45 days
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                                                                                   Crawfish Processing, L.L.C.; Bayou Land Seafood,
                                                    after the final determination whether                    Results of Antidumping Duty                           LLC; Bieber Farms Crawfish, Inc.; Blanchard’s
                                                    these imports are materially injuring, or                Administrative Review and Rescission                  Seafood, Inc.; Bonanza Crawfish Farm, Inc.; CJL
                                                    threaten material injury to, the U.S.                    of New Shipper Review; 2015–2016                      Enterprise, Inc. d/b/a C.J.’s; Cajun Central, Inc.;
                                                                                                                                                                   Cajun Seafood Distributor, Inc.; Catahoula Crawfish,
                                                    industry.
                                                                                                             AGENCY:  Enforcement and Compliance,                  Inc.; Choplin Seafood; Clearwater Crawfish;
                                                                                                             International Trade Administration,                   Crawfish Enterprises, Inc.; Dugas Seafood aka Carl’s
                                                      13 See Letter from Palmyra do Brasil, ‘‘Silicon                                                              Seafood; Toups Crawfish, L.L.C.; Harvestime
                                                    Metal from Brazil/Exporter’s Request for                 Department of Commerce.                               Seafood; Harvey’s Seafood; Louisiana Seafood Co.;
                                                    Postponement of Final Antidumping                        SUMMARY: On June 7, 2017, the                         Louisiana Premium Seafood; L.T. West, Inc.;
                                                    Determination’’ dated September 6, 2017.                 Department of Commerce (the                                                                      Continued




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Document Created: 2018-10-25 10:05:16
Document Modified: 2018-10-25 10:05:16
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesApplicable October 12, 2017.
ContactRobert James or Jesus Saenz, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-0649 or (202) 482-8184, respectively.
FR Citation82 FR 47466 

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